Miami-Dade Legislative Item
File Number: 120053
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File Number: 120053 File Type: Resolution Status: Adopted
Version: 0 Reference: R-78-12 Control: Board of County Commissioners
File Name: BAN TEXTING WHILE DRIVING Introduced: 1/10/2012
Requester: NONE Cost: Final Action: 1/24/2012
Agenda Date: 1/24/2012 Agenda Item Number: 11A26
Notes: Title: RESOLUTION URGING THE FLORIDA LEGISLATURE TO PASS SB 416, HB 299 OR SIMILAR LEGISLATION THAT WOULD BAN TEXTING WHILE DRIVING
Indexes: LEGISLATURE
Sponsors: Barbara J. Jordan, Prime Sponsor
  Sally A. Heyman, Co-Sponsor
  Rebeca Sosa, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 1/24/2012 11A26 Adopted P

County Attorney 1/10/2012 Assigned Marlon D. Moffett

Legislative Text


TITLE
RESOLUTION URGING THE FLORIDA LEGISLATURE TO PASS SB 416, HB 299 OR SIMILAR LEGISLATION THAT WOULD BAN TEXTING WHILE DRIVING

BODY
WHEREAS, according to 2011 survey data from the CTIA, the International Association for the Wireless Telecommunications Industry, there are an estimated 327.6 million wireless subscriber connections in the U.S., which now outnumbers the U.S. population, adding up to a wireless penetration rate of 103.9 percent; the number of wireless subscriptions has rapidly increased from 203,600 in June 1985; and
WHEREAS, increased use of mobile phones has led to a substantial rise in the number of people who use these devices while driving; and
WHEREAS, dangers associated with using mobile phones while driving are twofold:
1. Drivers may become so absorbed in their mobile phone conversations that their ability to concentrate on driving is impaired; and
2. Drivers may take their eyes off the road while dialing, texting and reading or writing emails; and
WHEREAS, these dangers jeopardize the safety of vehicle occupants, other drivers and pedestrians; and
WHEREAS, according to a September 2010 Research Note issued by the National Highway Traffic Safety Administration, 995 (18%) of the 5,474 people killed in distracted-driving-related crashes involved reports of a cell phone as a distraction; and
WHEREAS, a 2003 study at the University of Utah concluded that drivers talking on mobile phones exhibited greater impairment than drivers that were intoxicated; and
WHEREAS, texting while driving is generally considered to be even more dangerous than talking on a mobile phone while driving; and
WHEREAS, according to the AAA Foundation’s 2011 Traffic Safety Culture Index, 94 percent of drivers agree that texting or emailing while driving is unacceptable and 87 percent support laws against reading, typing or sending text messages or emails while driving, yet more than one-third of drivers reported texting or emailing while driving in the previous month; and
WHEREAS, 35 states, the District of Columbia and Guam currently ban texting while driving for all drivers, and seven states ban novice and/or school bus drivers from texting while driving; and
WHEREAS, Florida is one of only a few states that have preempted local governments from regulating talking and texting while driving, while at the same time imposing no statewide regulation of talking on mobile phones or texting while driving; and
WHEREAS, bills have been filed in the Florida Legislature each year over the past decade that would ban talking or texting or both while driving, but none of these bills have passed; and
WHEREAS, on December 13, 2011, the National Transportation Safety Board officially urged all U.S. states to ban drivers from using electronic devices while driving, including for text messaging, after several investigations found that texting was the cause of deadly accidents; and
WHEREAS, bills have been filed for consideration during the 2012 session of the Florida Legislature that would create the “Florida Ban on Texting While Driving Law” prohibiting the operation of a motor vehicle while manually texting, emailing, and instant messaging, providing for enforcement as a secondary action, and providing for points to be assessed against a driver’s license for the unlawful use of a wireless communication device resulting in a crash, identical Senate and House companion bills SB 416 by Senator Nancy C. Detert (R – Venice) and HB 299 by Representative Ray Pilon (R – Sarasota); and
WHEREAS, this Board supports passage of SB 416, HB 299 or similar legislation that would ban texting while driving,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the Florida Legislature to pass SB 416, HB 299 or similar legislation that would ban texting while driving.
Section 2. Directs the Clerk of the Board to transmit a certified copy of this resolution to the Governor, Senate President, House Speaker, the Chair and Members of the Miami-Dade County State Legislative Delegation, Senator Nancy C. Detert, and Representative Ray Pilon.
Section 3. Directs the County’s state lobbyists to advocate for the passage of the legislation set forth in Section 1 above, and authorizes and directs the Office of Intergovernmental Affairs to amend the 2012 State Legislative Package to include this item.



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